A planned unit development (PUD) is a type of land use planning option that is intended to provide a more flexible approach to permitting unified developments on a larger scale and to encourage the best possible site plans and building arrangements. It is the purpose of the PUD district to encourage the development of compatible land uses within the framework of a master development plan for residential and nonresidential land uses within an environmentally compatible setting. In addition to the natural environment, such developments take into consideration different architectural styles, relative scales of various structures, the network efficiency of streets and utilities, and the larger community setting, and the goals and objectives of the Bulloch County Comprehensive Plan.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1201)

(a)

The definitions set forth in article 2 of this appendix shall apply to this article. In addition, for the purposes of this article, the following terms shall have the meanings given in this section:

(1)

Master development plan. A written and graphic submission for a planned development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the PUD district.

(2)

Open space. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common ownership and use by the residents of the developments and may include complementary structures and improvements as are necessary and appropriate.

(3)

Residential land uses. Any variety of residence types as permitted within respective separately zoned areas of the PUD, and as shown on the approved master development plan.

(4)

Nonresidential land uses. Those designated areas which are not residential land uses, which includes, but is not limited to: commercial or industrial zoned land, common open space, private streets, drives, service and parking areas, recreation and other open space areas.

(5)

Ownership types. These include all types of residential development including, but not limited to, single-family, duplex, apartments, townhouses, rental, such that ownership may be fee simple, lease purchase, leased or rented, and common ownership of open spaces, recreation facilities, streets and parking areas.

(6)

Net land area. The area calculated in terms of net acres, or the land devoted to residential, commercial or industrial use exclusive of streets, rights-of-way, flood hazard areas and public lands.

(7)

Maximum allowable net density. The total number of dwelling units or housing structures per unit of land based on the net land area.

(8)

Preliminary concept plan. A preliminary plan of the proposed planned development, of sufficient accuracy to be used for purpose of reviewing the proposed land uses and general layout.

(9)

Comprehensive land use plan. The comprehensive long-range plan containing policies to guide the growth and development of Bulloch County, which includes the analysis, recommendations and proposals for the county's population, economy, housing, transportation, community facilities and land use.

(10)

Professional consultant. The person who is a registered and or certified engineer, architect or planner who prepared the plan, within the scope of their respective legal responsibilities.

(11)

Zero lot line. A development concept that allows a setback for:

a.

A single-family detached dwelling, where the dwelling is situated on a side property line that is common to another parcel;

b.

A two-family, multifamily or other attached dwelling, where the duplex that is constructed and intended to be divided, thereby creating two zero lot line dwellings.

For single-family detached dwellings, a copy of proposed deed restrictions, conditions, or covenants, providing a maintenance easement of at least four feet in width, which will allow for the maintenance of exterior dwelling walls facing a zero setback line, and a requirement that dwelling walls facing a zero setback be windowless. Zero side yard lot requirements are not applicable to accessory buildings.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1202)

The official map (section 2301 of this ordinance) illustrates the boundaries of all PUD districts within the county. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1203)

(a)

Planned residential development (PUD-1). This is a planned development concept that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive areas. A mix of residential dwelling unit types is also desirable in this concept to promote a balanced community. Innovative concepts such as zero lot lines, townhouse-condominiums, traditional neighborhoods, villages, cluster-type or conservation subdivisions are encouraged.

(b)

Planned mixed use development (PUD-2). This is a planned development concept that calls more than one type of use in a building or set of buildings, including some combination of residential and selective nonresidential uses such as commercial, office and institutional uses.

(c)

Planned business center development (PUD-3). This is a planned development concept for commercial, office, institutional and light industrial centers typically concentrated at or readily accessible to major arterial roads. This concept shall have a building composition with a unified architectural style and is planned, developed, analyzed as a unit, related in location, size and type of business establishments to the trade area that the unit serves.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1204)

(a)

A PUD shall be defined as having a minimum area of 20 acres.

(b)

A PUD is to be planned, developed, operated, and maintained as a single entity (whether by a single owner or under unified control) containing one or more structures to accommodate residential, commercial and industrial uses, or an appropriate mix thereof, and appurtenant common areas and other uses incidental to the predominant uses.

(c)

A PUD shall be located on roads with a minimum classification or status of major collector.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1205)

(a)

Relationship of the proposed PUD to the Bulloch County Comprehensive Plan and Future Land Use Map.

(b)

Adequacy and arrangement of vehicular traffic access, convenience, safety and design.

(c)

Adequacy and arrangement of pedestrian traffic access, convenience, safety and design.

(d)

Location, arrangement, appearance and sufficiency of off-street parking and loading.

(e)

Location, arrangement, size and placement of buildings(s), lighting and signs.

(f)

Arrangement of landscape features and buffer areas.

(g)

Adequacy of water, wastewater and stormwater management facilities.

(h)

Adequacy of structures and roadways in areas with moderate to high susceptibility to flooding, ponding or erosion.

(i)

Preservation of architectural, scenic, historic or natural areas.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1206)

(a)

The application for approval of a PUD master development plan is treated as an application for an amendment to this ordinance (rezoning), and thus shall follow the procedures contained in sections 414 and 2302 of this ordinance. The applicant shall submit with other materials in an application for zoning map amendment the following exhibits:

(1)

A statement of objectives that describes the following:

a.

The general purpose and character of the proposed development including types and uses.

b.

Tables or calculations illustrating conformance with PUD performance development standards.

c.

A table of projected building sizes by land use.

d.

A proposed phasing schedule for each area or development pod.

e.

A description of water, wastewater, and stormwater facilities to be provided.

f.

Any special studies recommended or required by the county staff development review committee.

(2)

A master plan sketch map drawn to approximate scale showing proposed street networks, land uses, open spaces, buffers, lot sizes and building footprints, parking areas (nonresidential only) and phasing areas or development pods.

(b)

The proposed PUD may depart from strict conformance with the requirements of zoning and subdivision requirements to the extent specified in the master development plan and documents authorizing the PUD so long as tangible benefits are provided to the neighborhood or community in which it is located. These benefits shall be in the form of provisions of exceptional amenities, design excellence, etc. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development as well as to the general community (e.g., waiver of yard requirements might result in more usable open space). Departure from any requirement specified in this ordinance or other county ordinances and regulations is a privilege, and shall be granted only upon recommendation of the planning and zoning commission and approval by the board of commissioners, as applicable in this article.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1207)

(a)

If the rezoning approval for the PUD is granted, the applicant shall submit a conceptual site plan for each phase or pod of development, as prescribed in section VIII of the Bulloch County Subdivision Regulations, to the planning and zoning commission. The applicant shall also submit with other materials in an application for final development plan approval the following exhibits:

(1)

An illustration on the conceptual site plan where open space, landscaping and buffers will be located.

(2)

An illustration on the conceptual site plan showing the delineation and layout of proposed residential and nonresidential areas by mix or type including location by land use, building unit types, total number of building units, and total number of lots.

(3)

An illustration on the conceptual site plan showing the proposed layout and dimensions of lots within each proposed phasing area or development pod.

(4)

A statement describing the general substance of proposed covenants, grants, easements (except for utility easements) or other restrictions to be imposed on the use of land buildings or structures, including what open space or common interest elements will be dedicated and maintained by a homeowner's association or similar conduit.

(5)

A statement with tables or calculations illustrating conformance with PUD performance standards and consistency with the approved master development plan.

(6)

A request for minor modifications from the requirements of the approved PUD master development plan, if any, [for] the applicable phasing area or development pod being requested.

(b)

The planning and zoning commission may approve proposed minor modifications by the applicant to the master development plan during conceptual site plan review provided that such modifications meet any approved zoning conditions or the general intent of development standards of this section or ordinance as a whole. Upon subsequent approval by the planning and zoning commission, subsequent minor changes or deviations from the approved conceptual site plan which do not affect the intent or character of the development shall be reviewed by the planning director. Minor changes may include, but are not limited to:

(1)

Change in alignment, location direction, or length of a local street.

(2)

Adjustments, shifts or transfer, not resulting in increased overall density or land use intensity.

(3)

Reorientation or slight shifts in building locations.

(c)

No land disturbing activity permit shall be granted for any portion of a proposed PUD until the final development plan has been approved. No final plat or building permit shall be granted until the appropriate local, state or federal agencies shall approve all proposed lot size reductions for on-site, public, or community sewerage.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1208)

Any proposed major and substantial change in the approved master development plan which affects the intent and character of the development, rearrangement of lots, the density or land use pattern, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the board of commissioners in the same manner of the initial zoning application. A request for an amendment of the PUD master development plan shall be supported by a written statement and by revised sketch plans or maps.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1209)

If substantial construction, as determined by the planning director, has not begun within two years after approval of the PUD, the approval of the PUD will expire. The planning director may extend the period for beginning construction, at the request of the owner for not more than three months after approval of the final development plan. If the PUD expires under this provision, the planning director shall petition the board of commissioners for the PUD district to be removed from the official zoning map and to reinstate the zoning district which was in effect prior to the approval of the PUD. The board of commissioners shall hold a public hearing on the planning director's petition to amend the map in accordance with section 409. It shall not be necessary for the planning and zoning commission to make a recommendation on the planning director's petition to amend the map because of an expiring PUD prior to the board of commissioners making a final decision on said petition.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1210)

All uses not permitted within PUD districts by this section are specifically prohibited, except as may be allowed by other provisions of this ordinance.

(Amd. of 11-6-07(3); Amd. of 12-2-08; Amd. of 4-4-23(2), § 1211)

The following performance standards set forth criteria by which the design, bulk, area and location of buildings shall be evaluated upon that place the responsibility for sound design upon the applicant based on the PUD concept selected.

Formulas for calculating density and land use intensity ratios:

Floor area ratio = Gross floor area of a structure/lot size

Impervious surface ratio = Total area of all impervious surfaces/net buildable area

Net buildable area = Total land area of tract—Right-of-ways, easements and open space

Net density ratio = Proposed number of dwelling units/net buildable area

Open space ratio = Total amount of open space/net buildable area

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1212)

The following bonus incentives shall be granted beyond the performance standards if the applicant provides a single amenity or combination of amenities below. The amount of the bonus incentive shall not exceed 15 percent.

(Amd. of 11-6-07(3); Amd. of 4-4-23(2), § 1213)